Dudukuri Prasada Reddy And 11 Others v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 7428 of 2011 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent No.3 in trying to dispossess the petitioners from their respective houses raised in the government land in Sy.No.111 of Pernamitta Village, S.N.Padu Mandal, Prakasham District, as illegal, arbitrary and contrary to principles of natural justice; and consequently direct the respondents to grant house site pattas to the petitioners. 2) Though various grounds are raised in the writ petition, learned counsel for the petitioners submits that respondent No.3 is trying to dispossess the petitioners without following due process of law.

3) On the otherhand, the averments in the counter filed by the respondents would show that a notice under Section 11 of the Land Encorachment act came to be issued and the same was served on 13.03.2011 on all the petitioners except petitioner Nos.8 and 9. It is also stated in the counter that no explanation has been given till date.

4) In view of the rival submissions made, the present writ petition is disposed of directing the respondents to follow due process of law, if they intend to take any steps to dispossess the petitioners. There shall be no order as to costs.

5) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 02.08.2017 gkv